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Toxic Substances Control Act (TSCA) Advance Notice of Proposed Rulemaking

The EPA has indicated that by June 2017 it plans to publish a Notice of Proposed Rulemaking to follow up on its May 2014 Toxic Substances Control Act (“TSCA”) Advance Notice of Proposed Rulemaking (“ANPRM”) regarding whether to obtain data on HF chemicals under section 8 of the Act.  The ANPRM sought comment on: to what extent reporting on HF chemicals should be required and to what extent it should be voluntary; who should be required to report; what should be reported; and what information should be publicly released.  In addition, EPA sought feedback on “best management practices” for “generation, collection, reporting and/or disclosure of public health and environmental information” as well as incentives for the development of “safer chemicals” for use in HF operations.  EPA said it was also considering whether it should expand the rulemaking to address a broader universe of chemicals beyond just those used in HF operations, including chemicals used in well maintenance.  EPA received over 260,000 comments on the ANPRM, representing a wide range of views from industry, states, tribes, public health groups and environmental organizations.